A use of building or land, or building and land in combination, existing lawfully at the time this Zoning Code, or any amendment thereto, became or becomes effective but which does not conform to the use regulations of the district in which it is located is a lawful nonconforming use. A nonconforming use does not include nonconformity with regulations pursuant to a legally-granted variance from a zoning restriction. A nonconforming use may continue in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Alteration, Reconstruction or Improvement. No building or structure containing a nonconforming use shall be altered, improved or reconstructed except upon prior approval of the Board of Zoning Appeals and then only if the alteration, reconstruction or improvement does not exceed fifty percent (50%) of the building or structure's fair market value as determined by an appraiser appointed by the owner. The appraisal shall be submitted to the City to be reviewed by an appraiser appointed by the City. The costs of the appraisal and review of the appraisal shall be borne by the owner.
(b) Change in Use.
(1) A nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the property is located.
(2) A nonconforming use in a structure not designed for a use permitted in the district in which it is located shall not be changed to any use other than a nonconforming use of the same or a more restricted classification and of the same or lesser level of intensity and impact, as determined by the Planning Commission, or to a use permitted in the zoning district in which the structure is located.
(3) Once changed to a permitted use or to a more restrictive and less intensive use in accordance with subsection (b)(1) and (2) above, the use shall not be changed back to the prior nonconforming use. The use is deemed changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven (7) consecutive days, including any change of use in violation of this subsection.
(4) Approval of Change in Use.
A. The change of a nonconforming use of a building, structure or land to a conforming use shall be permitted in accordance with the approval procedures for the conforming use.
B. A nonconforming use may be changed to another nonconforming use only through approval by the Planning Commission according to the conditional use procedures when the Planning Commission determines that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use. In permitting such change, the Planning Commission may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code and when made a part of the terms under which the change is granted.
(c) Expansion of Nonconforming Use of Building. A nonconforming use of a building shall only be expanded pursuant to a use variance granted by the Board of Zoning Appeals in accordance with Section 1167.11.
(d) Expansion of Nonconforming Use of Lot. A nonconforming use of a lot or part thereof, including outdoor storage, shall only be expanded or extended pursuant to a use variance granted by the Board of Zoning Appeals in accordance with Section 1167.11.
(e) Discontinuance of Use. Discontinuance of the nonconforming use of a building, part of a building or lot or part of a lot for a continuous period of six (6) months shall constitute voluntary abandonment of such use and thereafter establishment or reestablishment of a use shall conform to the use regulations of the district in which the building or lot is located.
(f) Damage or Destruction. In the event that any building or structure occupied by a nonconforming use is destroyed by any means to the extent of more than fifty percent (50%) of its fair market value, it shall not be rebuilt, restored or reoccupied for any use unless such use conforms to the use regulations of the district in which the building or structure is located. Determination of the fair market value shall be made by an appraiser appointed by the owner. The appraisal shall be submitted to the City to be reviewed by an appraiser appointed by the City. The costs of the appraisal and review of the appraisal shall be borne by the owner.
(g) Nonconforming as to Performance Standards. A use existing lawfully at the time the enactment of this Zoning Code, or an amendment thereto, became or becomes effective, but which fails to conform to one or more performance standards, shall not be required to comply therewith except in the event that the use is substituted or expanded in conformance with these regulations.
(Ord. 2020-21. Passed 2-18-20.)